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Recent Developments - Search Warrants and Interrogation

NCJ Number
72540
Date Published
1977
Length
0 pages
Annotation
Such areas of the law as citizen informants, misstatements or omissions in affidavits, supporting and executing search warrants, securing premises, and custodial interrogations are discussed based on recent court cases.
Abstract
Focusing on the bombing activities of a gang whose members plan to blow up schools, the film takes the viewer from the initial phone call of one of the gang members, turned informant, to his appearance before a court. The film supporting a search warrant, established in Aguilar v. Texas, and discusses the requirements necessary for being considered a citizen informant. It also explores independent corroboration supplied, in the film, by a neighbor who witnessed an explosion in the home where the gang was staying. The three categories of misstatements contained in a affidavit are also discussed: reasonable error made in good faith, negligent mistakes, or intentional falsehoods. Viewers are also told what property may be seized with the use of a search warrant and the concept of 'nexus' between the items to be seized and criminal behavior is described. The film explores implications of a recent case that found the 'securing' of a defendant's home while another officer sought to obtain a search warrant, an impermissible seizure of the premises. Finally, the question of custodial interrogation in the absence of an retained attorney is discussed. A training manual (with discussion questions and answers and 31 footnotes) accompanies the film.

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